Rule 3. (no heading in the Gazette)

(1) Constitution of the State Social Security Board for Unorganised Workers:

(a) The Board constituted under sub-section (9) of Section 6 shall be called as “Arunachal Pradesh Unorganised Workers’ Social Security Board”.

(b) (i) A member, other than an ex-officio member, shall hold office for a period not exceeding three years from the date of his appointment.

Provided that the members of the Board shall be deemed to have vacated their office on expiration of the period of the Board as specified in sub-section (13) of Section 6 of the Code.

(ii) A member shall be eligible for re-nomination.

Provided that a member shall not hold office for more than total of two terms.

(iii) The disqualification and removal of a member shall be as per provisions under Section 8 of the Code. No person shall be chosen as, or continue to be, a member of the Board, if such person attracts any provision(s) of Section 8.

(iv) A member nominated under sub-clause (iii) of clause (d) of sub-section (10) of Section 6 shall cease to be a member of the Board if he/she ceases to be a Member of the Legislative Assembly.

(v) A member nominated under sub-clauses (i) and (ii) of clause (d) of sub-section (10) of Section 6, shall cease to be a member of the Board if he ceases to represent the category of interest from which he was so nominated;

Provided that out of seven persons nominated under sub-clause (i), at least one member each from the Arunachal Pradesh Scheduled Tribe and Women shall be represented.

(c) The Board shall consist of the following:

(i) The Minister of Labour and Employment, Government of Arunachal Pradesh shall be the Chairperson of the Board, ex-officio.

(ii) The Principal Secretary or Secretary of Labour Department, Government of Arunachal Pradesh shall be the Vice Chairperson, ex-officio.

(iii) The Labour Commissioner, Government of Arunachal Pradesh shall be the Member-Secretary ex-officio, of the Board.

(iv) The State Government shall seek nomination of one Member representing the Central Government in the Ministry of Labour and Employment under clause (c) of sub-section (10) of Section 6 of the code.

(v) The State Government shall seek nomination of two Members representing the Legislative Assembly of the State under sub clause (iii) of clause (d) of sub-section (10) of Section 6, as the case may be.

(vi) The State Government may seek nomination from amongst the representatives of unorganized workers and employers, in the State Social Security Board for Unorganised Workers, in the category of sub-clauses (i) and (ii) of clause (d) of sub – section (10) of Section 6.

(vii) The State Government shall nominate five persons under sub-clause (iv) of clause (d) of sub-section (10) of Section 6 from amongst persons of eminence in the field of labour welfare, management, finance, law and administration.

(viii) The State Government shall nominate ten Members under sub-clause (v) of clause (d) of sub-section (`10) of Section 6 representing State Government Departments, concerned with the matters related to the welfare of the unorganized sector workers.

(2) Manner of exercising the powers and performance of the functions of the Board : The Board, for discharging its functions as assigned to it, under sub-section (15) of Section 6, may for every matter taken into consideration, shall be considered at a meeting of the Board, or if the Chairperson so desires, by sending the necessary papers to every Member for opinion, and the matter shall be disposed in accordance with the decision of the majority ;

Provided that where there is no opinion of majority on a matter or the Members are equally divided, the Chairperson shall have a second or casting vote.

(3) Reconstitution of the Board :

(a) The State Government shall initiate the process for reconstitution of the Arunachal Pradesh Unorganised Workers’ Social Security Board, prior to six months of expiry of the term of the Board.

(b) If the new Board is not re-constituted after completion of the term of the Board, such arrangements may be made for discharging the functions of the Board as may be decided by the State Government by a notification for the period till the new Board is constituted.

(c) Consequent upon institution of such arrangement, all actions taken shall have the same effect as if it has been carried out by the Board itself.

(4) Resignation :

(a) A member of the Board, not being an ex-officio member, may resign by a letter in writing addressed to the State Government.

(b) The seat of such a member shall fall vacant from the date on which his resignation is accepted or on the expiry of thirty days from the date of receipt of intimation of resignation, whichever is earlier.

(c) The power to accept the resignation of a member shall vest with the State Government.

(5) Change of Address: If a member changes his address, he shall notify his new address to the Member- Secretary of the Board who shall thereupon enter his new address in the official records.

Provided that if a member fails to notify his new address, the address in the official records shall for all purposes be deemed to be the member’s correct address.

(6) Manner of Filling Vacancies: When a vacancy occurs or is likely to occur in the membership of the Board, the Member Secretary of the Board shall submit a report to the State Government and on receipt of such report, the State Government may, by notification, nominate a person to fill the vacancy in the manner prescribed under sub-rules (1) of rule 3 above, and the person so nominated shall hold office, for the remainder of the term of office, of the member in whose place he is nominated.

(7) Procedure for Removal of a Member from the Board :

(a) If the Government of Arunachal Pradesh or the Arunachal Pradesh Unorganised

(i) any member has incurred disqualification under Section 8; or

(ii) any member thereof representing employers or employees or Unorganised Workers as the case may be ceases to represent so; or

(iii) having regard to exigencies of circumstances or services in such Government, the member thereof representing such Government cannot continue to represent, then such Government, may by order, remove such member from his office.

Provided that, no person shall be removed under clause (i) and (ii) above, unless that person has been given an opportunity to show cause as to why he should not be removed.

(b) During the pendency of the proceedings, if any, under clauses (b) and (c) of sub-section (2) of Section 8, for removal of a member of the Arunachal Pradesh Unorganised Workers’ Social Security Board, such member shall abstain from the meeting(s) of the Board.

(c) The decision of the State Government, on the debarment, disqualification and removal of any member under section 8, shall be final.

(8) Meetings, Notice of Meetings and List of Business:

(a) The Board shall meet at such places and at such times as may be decided by the Chairperson and it shall meet at least once in a quarter.

(b) The Chairperson shall preside over every meeting in which he is present and in his absence, the Vice Chairman shall preside over such a meeting.

(c) Ordinarily, two weeks’ notice shall be given to the members, of a proposed meeting.

(d) No business except as included in the list of business for a meeting of the Board shall be considered at the meeting without the permission of the Chairperson.

(e) The Chairperson may at any time call for a special meeting of the Board in case of an emergency, after informing the members at least three days in advance about the subject matter of discussion and the reasons of urgency.

(f) The Government of Arunachal Pradesh may by order remove a Member, other than the ex-officio members, if he absents himself from more than three consecutive meetings of the Board without obtaining leave of absence from the Chairperson.

Provided no member shall be removed from office without having been given a reasonable opportunity of being heard.

(9) Quorum : No business shall be transacted unless at least ten members are present in that meeting.

Provided that if at a meeting the quorum is not fulfilled, the Chairperson may adjourn the meeting to another date informing the members present and giving notice to the other members that it is proposed to dispose of the business at such adjourned meeting, irrespective of the number of members present or attending, and it shall thereupon be lawful to dispose of the business.

(10) Allowances of the Members :

(a) The travelling allowance of an official member shall be governed by the rules applicable to him for journey performed on official duty and shall be paid by the concerned authority paying his salary.

(b) Every non-official member shall be paid by the Board a sitting fee of Rupees Two Thousand only and travelling allowance at the rate admissible to a Group – A officer with Grade Pay –Rs. 5400, of the State Government.